Prosecutors plan to seek felony assault charges against a former correctional officer at Hampton Roads Regional Jail, according to an inmate who says he was choked unconscious for cursing and not obeying a direct order.

A video of the Jan. 9 altercation spurred the decision, the inmate said.

Portsmouth prosecutors declined to discuss details of the case. But in a statement, they confirmed they will seek an indictment against an officer for a January “incident” at the regional jail.

The possible indictment of 59-year-old Dale P. Barnes — who resigned about a week after the incident — comes in the wake of a critical U.S. Justice Department report that concluded the jail’s treatment of inmates amounted to cruel and unusual punishment. But it is also completely separate.

Federal officials had wrapped up most of their investigation by the time the incident happened. And inmate Skyler Peacock, whose arm was seriously injured in the incident, said he never spoke to them about what happened. But in an interview at the jail, he said he is glad prosecutors are now taking action.

“He had no right to do what he did,” Peacock said of Barnes. “He needs to be taught a lesson.”

Barnes’ attorney said he followed his training and did nothing wrong.

“It’s important to recognize this in context,” Nicholas Renninger said, noting his client has worked in security for more than 28 years — including almost three at the regional jail.

“He’s got a stellar record,” Renninger said, adding that Barnes has worked at several area hospitals and now serves a security officer at Children's Hospital of The King's Daughters in Norfolk.

Renninger said the DOJ report dealt with “systemic issues” at the jail and had nothing to do with his client.

Superintendent David Hackworth said the incident with Peacock happened before he took over the regional jail in March and that he was not familiar with it. He stressed, however, he expects officers to treat inmates like they are “members of their family.”

“If we have staff that don’t treat people appropriately, then we will take appropriate action,” he said.

Hackworth declined to release a copy of the video in light of the possible criminal charges.

Peacock, 24, of Portsmouth, brought the incident with Barnes to the attention of prosecutors himself. In an interview room at the regional jail, he met last month with a magistrate and swore out misdemeanor assault charges.

In court documents, Peacock, who has a lengthy criminal record, said Barnes attacked him Jan. 9 when he tried to get his pills. He said he started to walk down the stairs to meet the nurse and Barnes got in his way and refused to move.

“About a minute or so later he lunged at me,” Peacock wrote.

Peacock said he wrapped his arm around a railing as Barnes started to choke him and that the officer ordered him to let go.

“His exact words were ‘If you don’t remove your arm, I will put your ass to sleep,’ and I was out,” Peacock wrote. “When I came back to I could not move my arm.”

Prosecutors on Dec. 19 dropped the misdemeanor charge. Peacock, however, said prosecutor Brandon Wrobleski told him he planned to seek indictments at the next grand jury charging Barnes with malicious wounding and strangulation.

In an interview, Peacock offered more detail about the incident. He said he stopped to talk to another inmate after he was called out of his cell to get his pills. Barnes got angry and told him to go back to his cell, he said, but Peacock didn't obey.

“I told him I had to get my (expletive) medication,” Peacock said.

Peacock, who acknowledged having anger issues, said he started towards the stairs when Barnes ran up, placed him in a chokehold and took him to the ground. He said he never put his hands on Barnes.

Peacock placed the blame for the incident on Barnes, with whom he said he’d had a good relationship until this incident. He said officers are supposed to receive training in how to deal with inmates who mouth off.

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Hampton police investigate the scene of an early morning homicide at a store on the corner of Shell Road and Hampton Roads Avenue Wednesday January 16, 2019.

Hampton police investigate the scene of an early morning homicide at a store on the corner of Shell Road and Hampton Roads Avenue Wednesday January 16, 2019.

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Hampton police investigate the scene of an early morning homicide at a store on the corner of Shell Road and Hampton Roads Avenue Wednesday January 16, 2019.

Hampton police investigate the scene of an early morning homicide at a store on the corner of Shell Road and Hampton Roads Avenue Wednesday January 16, 2019.

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Hampton police officers investigate the scene of a shooting in the 1100 block of Rowe Street Wednesday evening January 9, 2019.

Hampton police officers investigate the scene of a shooting in the 1100 block of Rowe Street Wednesday evening January 9, 2019.

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Emergency officials respond after a military aircraft slid off the end of the runway at Newport News/Williamsburg International Airport Friday December 28, 2018.

Emergency officials respond after a military aircraft slid off the end of the runway at Newport News/Williamsburg International Airport Friday December 28, 2018.

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A man was killed in a parking lot of a Hampton Family Dollar Saturday — with two young men seen running away from the scene. Hampton public information officer speaks about the shooting. (John Sudbrink/Daily Press)

A man was killed in a parking lot of a Hampton Family Dollar Saturday — with two young men seen running away from the scene. Hampton public information officer speaks about the shooting. (John Sudbrink/Daily Press)

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York County Department of Fire and Life Safety responded Thursday to a commercial structure fire at M & J Motors in the 2000 block of George Washington Memorial Highway in York County.

Officials say firefighters performed an "aggressive fire attack" to put out the blaze.

The fire is currently under investigation, and no injuries were reported.

York County Department of Fire and Life Safety responded Thursday to a commercial structure fire at M & J Motors in the 2000 block of George Washington Memorial Highway in York County.

Officials say firefighters performed an "aggressive fire attack" to put out the blaze.

The fire is currently under investigation, and no injuries were reported.

Reninger disagreed with Peacock’s characterization of the incident and said the video doesn’t tell the full story. He said Peacock threatened to push his client down the stairs.

Peacock said he started getting in trouble with the law when he was 13 and has spent most of his life in and out of local jails and state prisons. His convictions include one for assault of a law enforcement officer. According to court documents, he threw a cup of liquid at a correctional officer inside the Chesapeake City Jail.

Peacock said he has multiple mental health issues, including bipolar disorder, an anxiety disorder, depression, autism and ADHD. He said he was also born without part of his brain.

Although the incident with Barnes happened in January, Peacock said he was transferred to a state prison weeks later and only pursued charges when he wound up back at the regional jail this fall.

He’s now being held on probation violations for the assault of the Chesapeake guard and an earlier shoplifting.

Peacock said he plans to keep his head down and get out of jail in May as scheduled. Once free, he hopes to stay sober with the help of Narcotics and Alcoholics Anonymous and maybe get his GED.

“I want to do something with myself and stay out of here,” he said, noting that he has three children he rarely sees.

Peacock said he plans to pursue a lawsuit against Barnes and the regional jail but that he has not yet contacted an attorney.

In a 43-page report released last week, the Justice Department said the regional jail was likely violating its inmates’ civil rights. It detailed more than 30 cases where inmates were poorly and sometimes fatally mistreated.

Among other things, the report found the jail failed to provide adequate medical and mental healthcare and failed to employ enough medical staff. It also took issue with the jail’s policy of using prolonged restrictive housing — isolation.

Peacock said he wasn’t surprised by the report’s finding and has found the regional jail’s mental and medical health care to be lacking.